7.9.2013

Official Journal of the European Union

C 260/40

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(Case C-429/13 P)

2013/C 260/71

Language of the case: Spanish

Parties

Appellant: Kingdom of Spain (represented by: A. Rubio González, acting as Agent)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court of Justice should:

—in any event, uphold the appeal and set aside in part the judgment of the General Court of 29 May 2013 in Case T-384/10 Kingdom of Spain v European Commission;

—annul in part, as set out, Commission Decision C(2010) 4147 of 30 June 2010, reducing the assistance granted from the Cohesion Fund to the following (groups of) projects: ‘Water supply to settlements in the Guadiana basin: Andévalo area’ (2000.ES.16.C.PE.133), ‘Drainage and water treatment in the Guadalquivir basin: Guadaira, Aljarafe and the areas of natural protection of the Guadalquivir’ (2000.16.C.PE.066) and ‘Water supply to multi-municipal systems in the provinces of Granada and Málaga’ (2002.ES.16.C.PE.061); and

—in any event, order the European Commission to pay the costs.

Grounds of appeal and main arguments

The appellant alleges that the General Court committed an error of law in considering that any network constitutes a ‘work’ within the meaning of Article 1(c) of Council Directive 93/37/EEC (1) of 14 June 1993 concerning the coordination of procedures for the award of public works contracts.

The appellant further submits that the judgment under appeal departs from the case-law (Case C-16/98 Commission v France [2000] ECR I-8315) in failing to take account of the need for geographical continuity of the works taken as a whole and of the interdependence between them, namely, the interconnectivity required for the provision of services.

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(1) OJ 1993 L 199, p. 54

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